Tag Archive for 2nd Amendment

Michigan

Ready to play ball now, Heartwell?

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Readers of Right Michigan are probably keenly aware of George Heartwell’s flagrant disregard for state law and the 2nd Amendment.

The city of Grand Rapids (and now the City of Jackson as well) is getting taken to task in the Western District (the Jackson case is being handled in the Eastern District) for promoting policies, customs, and ordinances that are illegal under state statute (MCL 123.1101 – 123.1105).

The unfortunate thing about this is that unlike TCAPS, the taxpayers are probably going to be on the hook.

Well, that may change.

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Michigan Politics

And the Grand Rapids Stand Up Comedy Act Continues…

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So, since I wasn’t seeing anything on the Western District’s feed, I figure I’d hop on PACER to see if for some reason updates to the Deffert case didn’t get posted.

Well, things did get posted, like the answer to the amended complaint. Maybe I should have titled this piece after famous words uttered by Samuel L. Jackson in Pulp Fiction (Note, course language).

To put it nicely, “Grand Rapids just reached a whole new level of absurd”.

Basically, in their response, they argue that Deffert wasn’t participating in an activity that was covered by the 1st or 2nd Amendments, preemption doesn’t apply, and that their officers are thoroughly trained in the legalities of open carry in Michigan.

Oh yeah, they also think that you have to show your papers as well.

27. In Michigan, there is no duty for an individual to identify him or herself to law
enforcement unless being stopped for a motor vehicle code violation.

ANSWER: Paragraph 27 states a conclusion of law to which no response is
required. To the extent that a response is required, defendants deny
this allegation as an inaccurate and incomplete statement of the law.

Get ready to pay up, Heartwell.

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Michigan, Michigan Politics

Falsities About SB789 Being Spread

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SB789, sponsored by Mike Green, would make numerous positive changes to the statutes concerned with concealed pistol licensure. This would include such things as:

  • Eliminate the county gun boards – requirements verification shifts to Michigan State Police
  • Count Clerk becomes the licensing authority
  • Remove the requirement to provide two references
  • Reduce the application fee $15 from $105 to $90
  • 100% of court costs and attorney fees to the appellant if a denial gets overturned
  • Shorten and cement the timeframe for a go/no-go in regards to the application

NO WHERE does it remove the fact that the licenses shall be issued assuming the applicant passes the more or less objectively defined standards in 28.425b. In fact, the striking of 28.425b(7)(n) (shown below) further solidifies the the shall-issue aspect:

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Michigan, Michigan Politics

Good Luck George, You’re Gonna Need It

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Late last month, Johann Deffert’s attorney, Steve Dulan, filed an amended complaint with the United States District Court for the Western District of Michigan. As you will recall, Mr. Deffert filed suit against the City of Grand Rapids, as well as the thugs officers that detained him, following a patently illegal detainment this time last year.

The amended complaint removes Stephen Labreque and then police chief Kevin Belk as defendants. However, the amended complaint brings up an issue that’s pretty damning for Grand Rapids – the fact that Mayor George Heartwell and the rest of the City Commission took no action to repeal the firearms ordinance despite the fact they were notified on the 8th of January – months before Mr. Deffert was detained. From the complaint:

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Democrats, Michigan, Republicans

Codifying the Legality of Open Carry in Michigan

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Michigan Open Carry has been involved in getting HB 5091 and 5092 pushed through.

Basically, these two pieces of legislation further define what constitutes brandishing, a definition that more clearly shows that open carry is not brandishing.

We also pushed forward some substitutions to make things even better:
http://rrfaae.com/dump/MOC/H03891’13%20(H-1).pdf (for 5091)
http://rrfaae.com/dump/MOC/H03299’13%20Star%20(H-1).pdf (for 5092)

These substitutions sailed through committee. Vote to report will most likely be next week.

Appreciation goes to Rep. Joel Johnson and Rep. Brandon Dillon for moving these through.

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Michigan

Open Carry March on 2 March (a Sunday) in Grand Rapids

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Last year, Johann Deffert faced a felony stop, illegal detainment, and disarmament by the Grand Rapids PD merely because he was openly carrying a holstered pistol while walking down a sidewalk, an act which is legal in the state of Michigan. As a result, Deffert has filed suit against the City, the Police Chief at the time (Kevin Belk), and the three officers who responded.

As a result, I talked with Tom Lambert, Michigan Open Carry Assistant Legislative Director and Board Member, and we came up with a plan for a march around the 1 year anniversary of Deffert’s illegal detainment, including breakfast at the establishment that Deffert left prior to being picked up.

We’ll be linking up around 1000 for breakfast at New Beginnings Restaurant (1455 Michigan Street NE, Grand Rapids, MI 49503). At around 1130, we’ll be leaving Fuller Park (250 Fuller Ave NE, Grand Rapids 49503) after connecting with those who didn’t attend breakfast for the corner of Lakeside Dr. and Michigan St., the rough location of where Deffert was detained.

After hanging around for a bit, some of us will be heading towards city hall, while others may return to the park and leave.

While not really “news” per se, I thought that there are those on here who might be interested in participating.

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Michigan Politics

The Legality of Open Carry – A Difficulty for Some Folks, Including Law Enforcement

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Apparently it’s difficult for some people, including those in law enforcement, to accept the fact that the open carry of firearms is legal in Michigan. This leads to civil rights suits against police departments, editorial boards looking like they’ve spent the past 3/4 of their life living under a rock, and a citizenry of sheep. Read on…

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